Home > Search Results > Misrepresentation, Mistake and Non-Disclosure
EMAIL THIS PAGE TO A FRIEND
Email Page to a Colleague
(* Denotes required field)
* Colleague’s email address
 
 
* Your email address
 
 
* Subject
 
Message
The selected product information will be included in the email.
The email addresses you provide will not be used for any other purpose. You can view a detailed privacy statement here.
Your email has been sent.

Misrepresentation, Mistake and Non-Disclosure
Misrepresentation, Mistake and Non-Disclosure
4th Edition
Series:  Contract Law Library
Practice Area:  Contract Law
ISBN:  9780414057036
Published by:  Sweet & Maxwell
Publication Date:  02 Dec 2016
Format:  Hardback
PRODUCT INCLUDES:
Hardback
BUY NOW
£259.00
TOTAL:
Enter a promotion code if you have one. Note: discount applied at Checkout Review Section
Promotion code:
PRODUCT DESCRIPTION

This title explains in detail the doctrines of misrepresentation, mistake and non-disclosure as they affect the validity of contracts. It analyses the consequences of each, focusing in particular on the remedies available to parties in each case.


Set up a standing order and save

Main Features:

  • Provides detailed guidance on how to tackle questions relating to misrepresentation, mistake and non-disclosure, whether at the stage of drafting contracts, or in resolving disputes over contracts affected by these issues.
  • In distinct sections, focuses on the nature of the defects in the formation of the contract as a result of misrepresentation, mistake and non-disclosure, and offers practical solutions.
  • Covers the common elements required for a claim of misrepresentation, including the statement of fact, the representor’s state of mind, reliance and causation; exclusion and limitation of liability, and practice and procedure.
  • Details the remedies available in cases of misrepresentation and the requirements for each remedy: rescission of the contract; liability in tort (deceit and negligence); statutory liability; breach of contract.
  • Covers the different types of mistake that can affect the validity of a contract and the available remedies.
  • Explains the (exceptional) circumstances in which a party has a duty of disclosure in negotiating a contract, and the remedies for breach of the duty.

    New to this Edition:

    • Incorporates significant legislative changes to the law of misrepresentation and non-disclosure, including the new remedies for consumers arising from the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the Consumer Protection (Amendment) Regulations 2014 and the Consumer Rights Act 2015; and the reform of the insured’s duty of disclosure by the Consumer Insurance (Disclosure and Representations) Act 2012 and the Insurance Act 2015.
    • Takes into account all the major developments in case law in these areas, including the decisions of the Supreme Court in Pitt v Holt (2013), Cramaso LLP v Ogilvie-Grant (2014), AIB Group (UK) Plc v Mark Redler & Co. Solicitors  (2014), Hayward v Zurich Insurance Co. Plc (2016) and Patel v Mirza (2016); of the Court of Appeal in Salt v Stratstone Specialist Ltd (2015); and of the High Court in Sycamore Bidco Ltd v Breslin (2012), Yam Seng Pte Ltd v International Trade Corp. Ltd (2013) and National Crime Agency v Robb (2014).


    Thomson Reuters ProView Also available as an eBook on Thomson Reuters ProView

    Thomson Reuters ProView™ is the iPad app custom built for legal professionals like you.

    Using ProView means you can connect to and interact with the content you rely on in new ways, wherever and whenever you like. Find out more about ProView.

     

    CONTENTS
    • General introduction
    • Introduction to misrepresentation – the claim for misrepresentation
    • Elements common to a claim for misrepresentation
    • Rescission of the contract for misrepresentation
    • Liability in tort for misrepresentation - fraudulent misrepresentation
    • Liability in tort for misrepresentation – negligent misrepresentation
    • Statutory liability for misrepresentation
    • Misrepresentation as breach of contract
    • Exclusion and limitation of liability for misrepresentation
    • Misrepresentation as a defence
    • Practice and procedure relating to claims for misrepresentation
    • Introduction to mistake – categorising mistakes
    • Mistakes about the terms of the contract
    • Mistakes about the identity of the other party
    • Mistakes about the subject matter of the contract
    • Introduction to non-disclosure – no general duty of disclosure
    • Particular duties of disclosure
    • Index.
    back to top
    Must Haves